NANURAM SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a misc. application moved on behalf of the applicant who was holding the post of ACJM, Khetri, seeking to delete the adverse remarks made in the order dtd. 9/11/2020 passed by this court in Criminal Misc. Petition No.4317/2020.

(2.) Learned counsel appearing for the applicant submits that the applicant had passed an order issuing non-bailable warrants after taking cognizance on remand of the case from the High Court on a protest petition.

(3.) Till the date of taking cognizance and issuance of warrants, neither the investigating authority nor the final report submitted by the police, the applicant was informed of their being anticipatory bail granted by the High Court wayback in 2003. The application which was moved under Sec. 70(2) Cr.P.C. was rejected by the applicant relying on provisions of Sec. 362 Cr.P.C. which restricted court to review its own order. Learned counsel for the petitioner submits that the view taken by the Magistrate may be erroneous, however, it cannot be said that she was having knowledge of grant of anticipatory bail at the time of issuing of warrants.